I do think the whole question of judicial accountability is a complicated one. On the one hand, you … - Deborah Rhode

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The step of obedience always precedes revelation. That pattern is evident all through the Scripture.

Deborah Rhode

I do think the whole question of judicial accountability is a complicated one. On the one hand, you want to encourage judicial independence. And it's always, I think, problematic when an unpopular decision triggers a recall election. Because it sends a disempowering message to judges. On the other hand, it's the only way that voters have to rein in someone whose views are really so out of the mainstream of public opinion that they jeopardize the legitimacy of the judicial process.

Hands, Mainstream, Thinking, Triggers, Unpopular, Views

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As Deborah Rhode describes, “When 1,100 Michigan elementary students were asked to describe what life would be like if they were the opposite sex, over 40 percent of the girls saw advantages to being male; they would have better jobs, higher incomes, and more respect. Ninety-five percent of the boys saw no advantage to being female, and a substantial number thought suicide would be preferable. ”

Describes, Girl, Jobs, Michigan, Students, Suicide

Lawyers like to leave no stone unturned, provided they can charge by the stone.

Lawyer, Lawyers, Leave, Like, Provided, Stones

There's a sorry history of these kinds of charges of bias being leveled at women and judges of color, and also gay and lesbian judges. The theory being that they're going to be incapable of a disinterested judgment on matters that involve their own identity groups. And it came up famously for Constance Baker Motley who was one of the first African American federal judges in a case involving sex discrimination.

Sex, Sorry, Gay, Bias, Motley

There are cases in which somebody has demonstrated just such an outrageous disregard for the bounds of an acceptable decision that you want a measure of accountability.

Accountability, Bounds, Cases, Decision, Somebody, Want

I personally think that we should be extremely reluctant to use a recall mechanism for an unpopular decision simply because of the message it sends about judicial independence.

Thinking, Decision, Independence, Reluctant, Message